Court Holds Challenge to Development of Car Park is Time Barred

Colm Scott Byrne, Decisis

November 22, 2021

Diamrem Ltd v Cliffs of Moher Centre Ltd [2021] IECA 291 (Court of Appeal (civil), Woulfe J, 5 November 2021)

The Court of Appeal dismisses appeal and upholds decision of the High Court to refuse the appellant's application for a planning injunction, on the grounds that: (a) the trial judge was correct in finding that the application was time barred; (b) the application was brought over a year after the expiration of seven years from the commencement of the development; and (c) the statement made by the respondent in the compliance document about retaining the temporary car park pending a full assessment of the park and ride scheme was not the type of clear and unequivocal representation necessary to give rise to an estoppel which would prevent the respondents invoking the time limits.

Woulfe J (nem diss): Planning and development – injunctions – limitation of actions – appeal of a decision of the High Court the applicant’s application for various orders pursuant to s 160 of the Planning and Development Act 2000 (‘the Act of 2000’) – planning injunction – the appellant/applicant sought orders prohibiting the use of a public car park at the Cliffs of Moher Visitor Centre and requiring its removal, in order to facilitate a park and ride operation, in which the appellant has an interest – unauthorised development – whether the trial judge erred in fact and in law in finding that the applicant’s action was statute barred by virtue of the provisions of s 160(6)(a)(i) or (ii) of the Act of 2000 – whether the respondent was estopped from relying on the time limits – appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Key Cases Cited:

Meath County Council v Murray [2018] 1 IR 189
Murphy v Grealish [2009] 3 I.R. 366

 

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